Director Confidentiality Agreement

Director Confidentiality Agreement Template for England and Wales

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Key Requirements PROMPT example:

"I need a Director Confidentiality Agreement for a newly appointed technical director in our software company, with specific provisions for protecting our source code and development roadmap, to be effective from March 2025."

Document background

The Director Confidentiality Agreement is essential when appointing new directors or formalizing arrangements with existing directors who have access to sensitive company information. Under English and Welsh law, while directors have implicit duties of confidentiality, this agreement explicitly defines these obligations, providing clear parameters around the handling of confidential information and consequences of breach. It's particularly crucial for companies with valuable intellectual property, trade secrets, or sensitive client information, and helps ensure compliance with both statutory and common law duties of directors.

Suggested Sections

1. Parties: Identification of the company and the director

2. Background: Context of appointment and need for confidentiality

3. Definitions: Key terms including Confidential Information, Trade Secrets, Intellectual Property

4. Confidentiality Obligations: Core obligations regarding handling of confidential information

5. Duration: Period of confidentiality obligations

6. Return of Information: Obligations regarding return/destruction of confidential materials

Optional Sections

1. Personal Data Protection: Include when confidential information contains personal data

2. Intellectual Property Rights: Include when dealing with proprietary technology or creative works

3. Inside Information: Include for listed companies or financial services firms

4. Post-Termination Obligations: Include when specific post-directorship restrictions are needed

Suggested Schedules

1. Categories of Confidential Information: Detailed list of types of confidential information covered

2. Specific Projects: List of specific projects requiring enhanced confidentiality

3. Return of Information Procedure: Detailed procedure for returning/destroying confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

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Let's create your Director Confidentiality Agreement

Authors

Alex Denne

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